25-5-52
Section 25-5-52 Manner of compensation, etc., provided by chapter exclusive. Except as provided
in this chapter, no employee of any employer subject to this chapter, nor the personal representative,
surviving spouse, or next of kin of the employee shall have a right to any other method, form,
or amount of compensation or damages for an injury or death occasioned by an accident or occupational
disease proximately resulting from and while engaged in the actual performance of the duties
of his or her employment and from a cause originating in such employment or determination
thereof. (Acts 1919, No. 245, p. 206; Code 1923, §7545; Code 1940, T. 26, §271; Acts 1973,
No. 1062, p. 1750, §8; Acts 1992, No. 92-537, p. 1082, §12.)...
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25-5-11
Section 25-5-11 Actions against third parties jointly liable with employers for injuries or
death; actions for injury or death resulting from willful conduct; attorney's fees in settlements
with third parties. (a) If the injury or death for which compensation is payable under Articles
3 or 4 of this chapter was caused under circumstances also creating a legal liability for
damages on the part of any party other than the employer, whether or not the party is subject
to this chapter, the employee, or his or her dependents in case of death, may proceed against
the employer to recover compensation under this chapter or may agree with the employer upon
the compensation payable under this chapter, and at the same time, may bring an action against
the other party to recover damages for the injury or death, and the amount of the damages
shall be ascertained and determined without regard to this chapter. If a party, other than
the employer, is a workers' compensation insurance carrier of the...
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25-5-118
Section 25-5-118 Rights and remedies as to exposures to hazards of occupational disease occurring
prior to September 1, 1971. All exposures of the employee occurring prior to September 1,
1971, to the hazards of an occupational disease, as defined in this article, while in the
employ of the employer, shall be deemed for all purposes to be subject to the provisions of
this article, and the employee, his personal representative, parents, surviving spouse, dependents,
and next of kin shall be entitled to compensation or other benefits and barred from other
rights and remedies as provided in this article for exposures occurring after September 1,
1971. (Acts 1971, No. 668, p. 1379; Acts 1973, No. 1062, p. 1750, §41.)...
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25-5-53
Section 25-5-53 Rights and remedies of employees, etc., exclusive; civil and criminal liability
of employers, etc. The rights and remedies granted in this chapter to an employee shall exclude
all other rights and remedies of the employee, his or her personal representative, parent,
dependent, or next of kin, at common law, by statute, or otherwise on account of injury, loss
of services, or death. Except as provided in this chapter, no employer shall be held civilly
liable for personal injury to or death of the employer's employee, for purposes of this chapter,
whose injury or death is due to an accident or to an occupational disease while engaged in
the service or business of the employer, the cause of which accident or occupational disease
originates in the employment. In addition, immunity from civil liability for all causes of
action except those based upon willful conduct shall also extend to the workers' compensation
insurance carrier of the employer; to a person, firm,...
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15-23-3
Section 15-23-3 Definitions. As used in this article the following words shall include, but
are not limited to the following meanings unless the context clearly requires a different
meaning: (1) COMMISSION. The Alabama Crime Victims Compensation Commission as created by Section
15-23-4. (2) CRIMINALLY INJURIOUS CONDUCT. Criminally injurious conduct includes any of the
following acts: a. An act occurring or attempted within the geographical boundaries of this
state which results in serious personal injury or death to a victim for which punishment by
fine, imprisonment, or death may be imposed. b. An act occurring or attempted outside the
geographical boundaries of this state in another state of the United States of America which
is punishable by fine, imprisonment, or death and which results in personal injury or death
to a citizen of this state, and shall include an act of terrorism, as defined in Section 2331
of Title 18, United States Code, committed outside of the United States,...
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36-30-2
Section 36-30-2 Deaths deemed compensable; compensation for total disability; amount of compensation.
(a) In the event a peace officer, a firefighter, a volunteer firefighter who is a member of
an organized volunteer fire department registered with the Alabama Forestry Commission, or
a rescue squad member is killed, either accidentally or deliberately, or dies as a result
of injuries received while engaged in the performance of his or her duties, or dies as a direct
and proximate result of a heart attack or stroke, his or her beneficiaries or dependents shall
be entitled to compensation in the amount of one hundred thousand dollars ($100,000) to be
paid from the State Treasury as provided in Section 36-30-3, unless such death was caused
by the willful misconduct of the officer, firefighter, or rescue squad member or was due to
his or her own intoxication or his or her willful failure or refusal to use safety appliances
provided by his or her employer or his or her willful refusal or...
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45-37-123.01
Section 45-37-123.01 Definitions. For the purposes of this part, the following terms shall
have the following meanings: (1) ACT. The act adding this part, to be called the General Retirement
System for Employees of Jefferson County Act. (2) ACTIVE MEMBER. An individual who currently
is employed by the county or other entities set forth in subdivision (20) and is making employee
contributions to the system. (3) ACTUARIAL EQUIVALENT. Effective July 30, 1984, or such other
dates as set forth in Exhibit A, which is maintained in the office of the pension board, a
form of benefit differing in time, period, or manner of payment from a specific benefit provided
under the plan but having the same value when computed using the mortality tables, the interest
rate, and any other assumptions last adopted by the pension board, which assumptions shall
clearly preclude any discretion in the determination of the amount of a member's benefit.
(4) ACTUARIAL GAIN. As defined in Section...
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25-5-116
Section 25-5-116 Which employer liable for compensation of employee; contribution. (a) If compensation
is payable for an occupational disease other than pneumoconiosis or radiation, the only employer
liable, if any, shall be the employer in whose employment the employee was last exposed to
the hazards of the disease. The employer who is liable shall not be entitled to contribution
from any other employer of the employee except one who furnished workers' compensation for
the employee during the employment of last exposure. (b) If compensation is payable for pneumoconiosis
or radiation, the only employer liable, if any, shall be the employer in whose employment
the employee was last exposed in each of at least 12 months, within a period of five years
prior to the date of the injury, to the hazards of the disease and, in addition, any employer
who furnished workers' compensation coverage during this period. (Acts 1971, No. 668, p. 1379;
Acts 1992, No. 92-537, p. 1082, §33.)...
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25-5-120
Section 25-5-120 Presumptions and burden of proof as to right to compensation. There shall
not be a presumption that disablement or death from any cause or infirmity is the result of
an occupational disease, nor that an occupational disease will result in disablement or death,
and any person claiming compensation or other benefits under this article shall have the burden
of establishing that he or she is entitled to the benefits. (Acts 1971, No. 668, p. 1379;
Acts 1992, No. 92-537, p. 1082, §35.)...
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25-5-119
Section 25-5-119 Computation of compensation and benefits payable under article. The compensation
payable for death or disability caused by an occupational disease, as defined in this article,
shall be computed in the same manner and in the same amounts as provided in Article 3 of this
chapter for computing compensation for disability or death resulting from an accident arising
out of and in the course of the employment and the medical, surgical, hospital, and burial
benefits payable under this article caused by said disease shall be computed in the same manner
and in the same amounts as provided in Article 3 of this chapter for computing like benefits.
The date of injury, as defined in Section 25-5-117, shall be considered the date of the accident
for determining the applicable medical, surgical, and hospital benefits, the minimum and maximum
weekly benefits and the limitation on the total amount of compensation payable for such occupational
disease. (Acts 1971, No. 668, p. 1379; Acts...
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